Jurisdiction, Venue, Arbitration and Time Limits for Claims

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(a) Legal proceedings to recover on any claim whatsoever shall not be maintainable unless commenced within six months after the date of discovery based on notification to JGKIX. Any disppute must be provided in writing to JGKIX within 120 days after discovery to allow for correction. User expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising.

(b) It is agreed by and between the User and JGKIX that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the User's use, shall be litigated, if at all, is limited to the United States District Court for the Southern District of California, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Caliornia, U.S.A. to the exclusion of the Courts of any other county, state or country.

(c) Any disputes, claims, or controversies whatsoever whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or User's Use, no matter how described, pleaded or styled, with the sole exception of claims brought under copyright violations, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 9 U.S.C. §§ 202-208 and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., ("FAA") solely in California, U.S.A. to the exclusion of any other forum. User hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in California.  Neither party will have the right to a jury trial nor to engage in pre-arbitration discovery except as provided in applicable arbitration rules and herein, or otherwise to litigate the claim in any court (other than small claims court). The arbitrator's decision will be final and binding. Other rights that User or JGKIX would have in court also may not be available in arbitration.

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(d) Neither party will have the right to a jury trial nor to engage in pre-arbitration discovery except as provided in applicable arbitration rules and herein, or otherwise to litigate the claim in any court (other than small claims court). The arbitrator's decision will be final and binding. Other rights that User or JGKIX would have in court also may not be available in arbitration.